Rice v. Leonard
ANGELICA T. RICE v. PATRICK LEONARD, and others
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
Murray, C. J., delivered the opinion of the Court.
Heydenfeldt, J., concurred.
Costs, by way of indemnity, ought not to be taxed in case of a non-suit. The statute looks to an actual determination of the cause upon its merits.
So, where an action has been commenced against several defendants, and there has been a judgment in their favor, they are not all entitled to recover separate costs to the amounts allowed by the Act, but can only recover jointly, as though there had been but one defendant.
The judgment of the Court below is reversed, with directions to re-tax the costs, in conformity with this opinion.
Cited by
- City of Downey v. Gonzales Civ. 31295 · 1968-05-28
- Ream v. Barr Docket No. 3885. · 1930-09-10